Dear
customer:
The
following document describes the Terms and Conditions on which
Lopez L.L.C. (dba Americas Ventures (AV)), a Florida Limited Liability
Corporation, offers you ("customer") access to our services
on this website, www.AmericasVentures.com ("the Site").
You certify that you are of sufficient legal age to use this Site
and to create legally binding obligations for any liability you
may incur as a result of the use of the Site. You may not submit
any materials to this Site unless you indicate your assent to
these Terms and Conditions - which AV may change at any time in
its sole discretion.
The following rules apply to any information you provide to us,
Sponsors or other users of the Site in any fashion ("customer
Information").
1. You are solely responsible for customer Information. AV reserves
the right to take any action that we deem necessary or appropriate
in our sole discretion if we believe any customer Information
may be offensive, harmful or inaccurate, or otherwise create liability
for us or may cause us to lose (in whole or in part) the confidence
of our Sponsors or the services of our ISPs or other suppliers.
2. Customer Information: (a) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (b) shall not
infringe on any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation
(including, without limitation, those governing export control,
consumer protection, unfair competition, antidiscrimination or
false advertising); and (d) shall not contain any viruses or other
computer programming routines that are intended to expropriate,
detrimentally interfere with, surreptitiously intercept or otherwise
damage any system, data or personal information.
Disclaimers
Intellectual
Property Rights
All materials located on the Site are the copyrighted property
of AV or, if not owned by AV, the applicable owner thereof. No
material from this Site may be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way without
the prior written permission of AV or the applicable owner thereof.
No Representations or Warranties
Americas Ventures MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED. Americas Ventures HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING, BUT
NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.
Limitation of Liability
IN NO EVENT SHALL Americas Ventures BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED
TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT
OR OTHERWISE, WHICH (1) ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (2) IS RELATED
TO ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE
OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR ANY PURPOSE,
INCLUDING ANY VIRUSES OR DEFECTS THAT MAY EXIST IN OR BE TRANSMITTED
THROUGH THIS SITE), OR (3) THE PERFORMANCE OR NON-PERFORMANCE
BY Americas Ventures OR ANY OF ITS SPONSORS, EVEN IF Americas Ventures HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF,
NOTWITHSTANDING THE FOREGOING, Americas Ventures SHOULD BE FOUND
LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY
WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED USES OF THIS SITE
OR ITS CONTENT, THE LIABILITY OF Americas Ventures SHALL IN
NO EVENT EXCEED CUSTOMER'S PAYMENT FOR SERVICES RENDERED BY Americas Ventures.
Indemnification
The customer shall defend, indemnify and hold harmless AV and
any of its parent, successor or affiliated entities, including
Sponsors, its third party providers and distributors from and
against any losses, liabilities, costs and expenses (including,
without limitation, attorneys' fees) arising from any claim brought
by or on the customer's behalf or by third parties as a result
of the customer's use of this Site, any violation of these Terms
and Conditions, any applicable securities laws or regulations,
or any third party rights, including, without limitation, infringement
of copyright or patent, violation of any other proprietary right,
or invasion of any privacy rights.
Notices
Any
notices required by these Terms and Conditions or pursuant to
the services offered via the Site shall be sent to AV and if to
the customer, to the email address you provide to AV during the
registration process. Notice shall be deemed received 24 hours
after each e-mail is sent, unless the sending party receives a
message indicating that the e-mail address is invalid.
General
1. No customer may assign, convey, subcontract or delegate his/her
rights, duties or obligations hereunder.
2. These Terms and Conditions shall be deemed severable. In the
event that any provision of these Terms and Conditions is determined
to be unenforceable or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted by applicable law,
and such determination shall not affect the validity and enforceability
of any of the remaining provisions.
3. The failure of AV to enforce any provision of these Terms and
Conditions will not be a waiver of our right to subsequent enforcement
of the provision or any other provision of the Agreement.
4. These Terms and Conditions and your relationship with AV shall
be confidential and governed in all respects by the internal laws
of the State of New York, without regard to principles regarding
conflicts of laws which would require or permit the application
of the laws of another jurisdiction. Disclosure of the terms and
agreements to third parties requires that both parties consent
to in writing. All disputes and claims arising out of these Terms
and Conditions and your use of the Site shall be submitted to
a court of competent jurisdiction within the State of Florida,
County of Miami-Dade.
These Terms and Conditions constitutes the entire agreement between
AV and customer with respect to the subject matter hereof and
supersedes all prior discussions, documents, agreements and prior
course of dealing, and may not be modified except by a written
agreement between both parties.
Copyright © 2000-2006 Lopez L.L.C. All rights reserved.